The Evolving Protection of Prisoners’ Rights in Europe
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The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable.
A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers:
• A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time.
• An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture …) and their reinforced framing of domestic penal and prison policies.
• A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched).
• A robust engagement with the diverse national reactions to this European case law as a policy strategy.
This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.
PART 1 EUROPEAN CASE LAW ON PRISONS : A SPLIT JURISPRUDENCE
Chapter 1. The right to life: suicide and homicide prevention in prison
Jean-Manuel Larralde and Gaëtan Cliquennois
Chapter 2. The prohibition of torture and inhumane and degrading treatment and the right to liberty and security
Chapter 3. The execution of penalties in the jurisprudence of the European Court of human rights
Chapter 4. The Rights of Prisoners within the CJEU’s case law.
PART 2. EFFECTIVENESS OF HUMAN RIGHTS IN PRISON AND EUROPEAN liRESPONSES TO HUMAN RIGHTS VIOLATION IN PRISON
Chapter 5. Ireland: the weak European supervision of prison policies and its explanations
Mary Rogan and Sophie van der Valk
Chapter 6. Strengths and weaknesses of the judicial protection in Germany.
Chapter 7. The conduct of prison reforms. An assessment of the effectiveness of domestic remedies in Italy
Sofia Ciuffoletti and Paulo Pinto de Alburquerque
Chapter 8. The impact of the European Court of Human Rights on the supervision of conditions of detention by the French courts
Anne Simon and Isabelle Fouchard
Chapter 9. Belgium: structural problems in the field of prison overcrowding, healthcare and security measures
Gaëtan Cliquennois and Olivia Nederlandt
PART 3. THE IMPACTS OF THE EUROPEAN LAW ON PRISON REFORMS
Chapter 10. Reform vs. Resistance in the Romanian Penitentiary System. Prison Staff Perceptions and Attitudes Regarding their Role in Reaching the Legal Goal of Detention
Cristina Dombeanu and Valentina Pricopie
Chapter 11. Assessment of corrective measures in the United Kingdom
Chapter 12. Systemic effects and dashed expectations: The two tales of Prison Litigation in Germany
Christine Morgenstern and Mary Rogan
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